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2002-148Ii r RESOLUTION NO. 2002-148 RESOLUTION TO AUTHORIZE MARRIAGE LICENSE FEE INCREASE The following Resolution was introduced by Supervisor Ruggierand seconded by Mr. Bettina WHEREAS, the Town Clerk currently charges Twenty Dollars ($20.00) to issue a Marriage License; and WHEREAS, New York Domestics Relations Law § 15 provides that a Town Clerk is authorized to charge Fifteen Dollars ($15.00) for issuance of a Marriage License; and WHEREAS, New York Domestics Relations Law § 14-a provides that a Town Clerk is authorized to charge Ten Dollars ($10.00) for issuance of a Certificate of Marriage. NOW, THEREFORE, BE IT RESOLVED, that Gloria J. Morse, Town Clerk to the Town of­�'appinger, is hereby authorized to charge a combined fee of Twenty Five Dollars ($25.00) for the issuance of a Marriage License and a Certificate of Marriage. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI, Councilman Voting Aye VINCENT F. BETTINA, Councilman Voting Aye JOSEPH P. PAOLONI, Councilman Voting A)iP CHRISTOPHER J. COLSEY, Councilman Voting Aye Dated: Wappingers Falls, New York May 28, 2002 The Resolution is hereby duly declared adopted. O:\WAPPINGE\Town Board\RESOLUTION\MarriageLicense.doc SUPERVISOR JOSEPH RUGGIERO To: cc: From: Date: Re: TOWN OF WAPPINGER TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI SUPERVISOR'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845)297-2744 FAX: (845) 297-4558 Memo MAS p 12p02 Al Roberts Hon. Gloria Morse SowN CLERK Joseph Ruggiero, Supervisor April 30, 2002 Resolution # 2002-148 Marriage License Costs Enclosed is a copy of a memo from Gloria Morse requesting that the Town increase its cost for Marriage Licenses from $20 to $25. Also included is a copy of "Getting Married in New York State" which states the cost of a marriage license in New York is $25. Please draft a resolution changing the cost of a marriage license in the Town from $20 to $25. Thank you for your help in this matter. TOWN TOWN CLERK GLORIA J. MORSE OF WAPPINGER a SUPERVISOR JOSEPH RUGGIERO SNR 1 ..002 TOWN CLERK'S OFFICE 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590-0324 (845) 297-5771 April 12, 2002 Supervisor Ruggiero Town Board Gentlemen: p3�dS®�' 01aIfVOPWAPPIM: TOWN COUNCIL VINCENT BETTINA CHRISTOPHER J. COLSEY JOSEPH P. PAOLONI ROBERT L. VALDATI I have attached a copy of "GETTING MARRIED in New York State" in which I have highlighted the section "How much does the license cost?" The cost noted is $25.00. This office has been charging $20.00. Increasing our fee to $25.00 would result in an additional $5.00 in revenue to the Town for each license issued. Very truly yours, loria J. rse, Town 1 k Where do your A 111�A, get a marriage license? • A couple who intends to be married in New York State must apply in person for a marriage license to any town or city clerk in the state. The application for a license must be signed both by the bride and groom in the presence of the town or city clerk. A representative cannot apply for the license on behalf of the bride or groom. This applies even if the representative has been given the Power of Attorney. Notarized marriage license affidavits signed by the bride or groom cannot be substituted for their personal appearance. 9s there a 1 waiting period? A • ♦ A Yes. Although the marriage license is issued immediately, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued. When both applicants are 16 years of age or older, the 24-hour waiting period may be waived by an order of a justice of the Supreme Court or a judge of the County Court of the county in which either the bride or groom resides. If either person is under 16 years of age, the order must be from the Family Court judge of the county in which the person under 16 years of age resides. How long isAL A � the license valid? • � • A marriage license is valid for 60 days, beginning the day after it is issued. !-how much does the license cost? • If the marriage license is issued by a town or city clerk in New York State outside of New York City, it costs $25. If it is issued by the City Clerk of the City of New York, it costs $30. The fee in either case includes the issuance of a Certificate of Marriage Registration. This certificate is automatically sent by the issuing clerk to the applicants within 15 days after the completed license is returned by the officiant (person who performs the marriage ceremony). It serves as notice that a record of the marriage is on file. Couples who do not receive a Certificate of Marriage Registration within four weeks of the wedding should contact the town or city clerk who issued the license. 9s a premarital physical exam Yecluired? AAL • � o No premarital examination or blood test is required to obtain a marriage license in New York State. Who can get married? A %Ak Age Requirements • If either applicant is under 14 years of age, a marriage license cannot be issued. • If either applicant is 14 or 15 years of age, such applicant(s) must present the written consent of both parents and a justice of the Supreme Court or a judge of the Family Court having jurisdiction over the town or city in which the application is made. • If either applicant is 16 or 17 years of age, such applicant(s) must present the written consent of both parents. • If both applicants are 18 years of age or older, no consents are required. One parent alone may consent to a minor's marriage if: • the other parent has been missing for one year preceding the application; • the parents are divorced and the consenting parent was given sole custody of the child when the divorce decree was awarded; • the other parent has been judged incompetent; or • the other parent is deceased. Parents, guardians or other people consenting to the marriage of a minor must personally appear and acknowledge or execute their consent before the town or city clerk or some other authorized official. If the notarized affidavit is made before an official outside of the State of New York, it must be accompanied by a certificate of authentication when the consent is filed in New York State. Proof of Identity A person is required to submit documentary proof of identity in the form of a driver's license, DMV -issued non -driver's license, passport or employment picture I.D. Proof of Age A person is required to submit documentary proof of age in the form of a birth certificate, baptismal record, passport, driver's license, life insurance policy, employment certificate, school record, immigration record, naturalization record or court record. No other type of proof, such as a statement by parents, may be accepted. Familial Restrictions A marriage may not take place in New York State between an ancestor and descendant, a brother and sister (full or half blood), an uncle and niece or an aunt and nephew, regardless of whether or not these persons are legitimate or illegitimate offspring. Previous Marriages Information regarding previous marriages must be furnished in the application for a marriage license. This includes whether the former spouse or spouses are living, and whether the applicants are divorced and, if so, when, where and against whom the divorce or divorces were granted. A certified copy of the Decree of Divorce or a Certificate of Dissolution of Marriage may be required by the clerk issuing the marriage license.